Execution of Decree against a Foreign company
Guest
(Querist) 24 November 2009
This query is : Resolved
Dear Experts,
A suit for recovery of money payable on agreement for services was instituted against a foreign company (Nederlands). As the defendants have not made any appearance, exparte decree is passed. (All due process as per the international norms have been followed, hence the decree is an enforceable one).
How to get the decree executed? Kindly provide the case laws.
Thanks.
adv. rajeev ( rajoo )
(Expert) 24 November 2009
Sec 45 of CPC is the only section which relates to the execution of decrees pssed y courts in india in foreign territory. But such decrees can be executed in foreign territory, if the court to which the decree is sent for execution is one--
1. which is established by the authority of the central govt., outside india, and
2. to which the state govt., has by notification in official gazette declared this section to apply.
For the application fo sec 45 of the code both the aforesaid conditins must be satisfied. it is only when the court in foreign territory is a court established by the central govt., that an indian court can have powr to send its decree for execution. In a foreign country, executin would be pursuant to the legislative authority to sovereign of such state or territory.
Sec 45 of the code is an additinal provision and does not stand in the way of the other provisins relating to decrees in the CPC being invoked.
* pierce Leslie v/s perumal AIR 1918 Mad 580
* Mahalakshmi v/s Rajeshwari 91979) 2 Mad Lj 1921.
adv. rajeev ( rajoo )
(Expert) 24 November 2009
Sec 45 of CPC is the only section which relates to the execution of decrees pssed y courts in india in foreign territory. But such decrees can be executed in foreign territory, if the court to which the decree is sent for execution is one--
1. which is established by the authority of the central govt., outside india, and
2. to which the state govt., has by notification in official gazette declared this section to apply.
For the application fo sec 45 of the code both the aforesaid conditions must be satisfied. it is only when the court in foreign territory is a court established by the central govt., that an indian court can have powr to send its decree for execution. In a foreign country, executin would be pursuant to the legislative authority to sovereign of such state or territory.
Sec 45 of the code is an additinal provision and does not stand in the way of the other provisins relating to decrees in the CPC being invoked.
* pierce Leslie v/s perumal AIR 1918 Mad 580
* Mahalakshmi v/s Rajeshwari 91979) 2 Mad Lj 1921.
